123:1-41-12
Order of displacement for employees in the service of the state.

Employees in the service of the state who are laid-off or
displaced as a result of a layoff who have the right to displace shall exercise
their displacement rights in the following order:

(A)
Displacement within the classification.
An employee who is to be laid off or displaced may fill an available vacancy,
or if no vacancy exists, displace within his or her classification. If the
employee exercises the right to displace within his or her classification, he
or she shall displace the employee with the fewest retention points in that
classification.

(B)
Displacement
within the classification series. An employee who is to be laid off or
displaced may fill an available vacancy, or if no vacancy exists, displace the
employee with the fewest retention points in the next lower and then
successively lower classifications in the classification series. This process
shall continue, if necessary, until the employee with the fewest retention
points in the lowest classification of the classification series has been
reached and, if necessary, laid off.

(C)
Displacement to a classification
previously held. An employee who is to be laid-off or who is displaced may fill
an available vacancy, or if no vacancy exists, displace the employee with the
fewest retention points in the classification the laid-off or displaced
employee held immediately prior to his or her current classification, provided
the classification is lower or equivalent classification to the employee's
current classification.

A laid-off or displaced employee may displace into a
classification previously held if:

(1)
The laid-off or displaced employee held a position in the previous
classification within the three years preceding the date an employee was laid
off or displaced; and

(2)
The
laid-off or displaced employee still meets the minimum qualifications of the
previous classification; and

(3)
The laid-off or displaced employee shall have successfully completed his or her
original probationary period.

(D)
Displacement to another appointment type.
Notwithstanding the provisions of this rule, an employee shall not be required
to accept a position with a lesser appointment type until the employee has had
the opportunity to exercise displacement rights as provided in rule
123:1-41-11 of the
Administrative Code.

(E)
Displacement rights of an employee previously
displaced. If, after an employee has exercised his or her displacement rights,
the employee is to be laid off or displaced due to a subsequent layoff, the
employee's displacement rights shall be in accordance with the classification
from which he or she was first displaced, provided however, the employee has
rights to reinstatement or reemployment in his or her previous classification.
The employee's displacement rights from a previously held classification shall
exist for a one-year period beginning with the date of the original layoff or
displacement or until such time as the employee is removed from a layoff
list.